Chapter IV Crimes of Infringing on Citizens’ Personal Rights and Democratic Rights
Article 232 Whoever intentionally commits homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 233 Whoever negligently causes the death of another person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 234 Whoever intentionally inflicts bodily harm on another shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Whoever commits a crime as prescribed in the preceding paragraph, thereby causing serious injuries to another, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the offender causes the death of another or, by resorting to especially cruel means, causes serious injuries to another to the extent of severely disabling that person, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 234a Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.
Whoever removes another person’s organ without the person’s consent, removes an organ of a person under the age of 18, or forces or deceives another person into donating his organ shall be convicted and punished in accordance with the provisions in Article 234 or Article 232 of this Law.
Whoever removes a deceased person’s organ against the person’s express wishes before his death or, in the absence of a person’s consent before his death, removes the dead person’s organ against the will of the person’s close relatives in violation of the state regulations, shall be convicted and punished in accordance with the provisions in Article 302 of this Law.
Article 235 Whoever negligently inflicts bodily harm on a person and causes serious injuries to that person shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 236 A man who rapes a woman by violence, coercion, or other means, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
A man who has sexual intercourse with a girl under the age of 14 shall be convicted of rape and be given a heavier punishment.
A man who rapes a woman or has sexual intercourse with an underage girl, if there is any of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death:
(1) raping a woman or having sexual intercourse with an underage girl, where the circumstances are grave;
(2) raping several women or having sexual intercourse with several underage girls;
(3) publicly raping a woman or having sexual intercourse with an underage girl in a public place;
(4) gang-raping committed by two or more men;
(5) having sexual intercourse with a girl under the age of 10, or causing injuries to an underage girl; or
(6) causing serious injuries to or the death of the victim, or other serious consequences.
Article 236a A man who, being the guardian, adoptive parent or caretaker of a girl aged 14 or above and under the age of 16, being responsible for the education or medication thereof, or owing other special duties to such a girl, has sexual intercourse with her, shall be sentenced to fixed-term imprisonment of not more than 3 years. If the circumstances are grave, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Whoever commits a crime as prescribed in the preceding paragraph, which also constitutes a crime under the provisions in Article 236 of this Law, shall be convicted and punished in accordance with the provisions that specify a heavier punishment.
Article 237 Whoever forcibly molests another person or insults a woman by violence, coercion, or other means, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Whoever attends a gathering and commits a crime as prescribed in the preceding paragraph or publicly commits such a crime in a public place, or where there are other grave circumstances, this person shall be sentenced to fixed-term imprisonment of not less than 5 years.
Whoever molests a child shall be sentenced to fixed-term imprisonment of not more than 5 years. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years:
(1) molesting several children, or molesting a child several times;
(2) attending a gathering to molest a child or publicly molesting a child in a public place, where the circumstances are grave;
(3) causing injuries to a child or other serious consequences; or
(4) molesting a child by abominable means, or where there are other grave circumstances.
Article 238 Whoever unlawfully detains another person or illegally deprives another person of his personal freedom by any other means shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If there are circumstances of assaulting or insulting the victim, the offender shall be given a heavier punishment.
Whoever commits a crime as prescribed in the preceding paragraph, thereby causing serious injuries to the victim, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If it causes the death of the victim, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years. If the offender uses violence and thereby causes injury to, disability of or the death of the victim, the offender shall be convicted and punished in accordance with the provisions in Article 234 or Article 232 of this Law.
Whoever unlawfully confines or detains another person for debt collection shall be punished in accordance with the provisions in the preceding two paragraphs.
A functionary of a state organ who commits a crime as prescribed in the preceding three paragraphs by taking advantage of his office shall be given a heavier punishment in accordance with the provisions in the preceding three paragraphs.
Article 239 Whoever kidnaps another person for ransom or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Whoever commits a crime as prescribed in the preceding paragraph and kills the kidnapped person, or intentionally inflicts bodily harm on the kidnapped person, thereby causing serious injuries to or the death of the person, shall be sentenced to life imprisonment or death, and concurrently, confiscation of property.
Whoever steals an infant or a child for ransom shall be punished in accordance with the preceding two paragraphs.
Article 240 Whoever abducts and traffics in a woman or child shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. If the circumstances are especially serious, the offender shall be sentenced to death, and concurrently, confiscation of property:
(1) being the ringleader of a criminal group engaged in the abduction and trafficking of women and children;
(2) abducting and trafficking in three or more women and children;
(3) raping the abducted and trafficked woman;
(4) enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such a woman to another person to force her into prostitution;
(5) kidnapping a woman or child by means of violence, coercion or intoxication or by using intoxication for the purpose of selling the victim;
(6) stealing an infant or a child for the purpose of selling the victim;
(7) causing serious injuries to or the death of the abducted and trafficked woman or child or any relative thereof, or causing other serious consequences; or
(8) selling a woman or child out of the territory of the People’s Republic of China.
Abducting and trafficking in a woman or child refer to any of the following acts: trapping, kidnapping, buying, selling, picking up and dropping off, or transporting a woman or child, for the purpose of selling the victim.
Article 241 Whoever buys an abducted and trafficked woman or child shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
A man who buys an abducted and trafficked woman and forces her to have sexual intercourse with him shall be convicted and punished in accordance with the provisions in Article 236 of this Law.
Whoever buys an abducted and trafficked woman or child and unlawfully deprives the victim of personal freedom, restricts the victim’s personal freedom or commits a criminal act of injuring or insulting the victim or other criminal acts against the victim, shall be convicted and punished in accordance with the relevant provisions of this Law.
Whoever buys an abducted and trafficked woman or child and commits a crime as prescribed in the second and third paragraphs of this Article shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Whoever buys an abducted and trafficked woman or child and sells the victim afterward shall be convicted and punished in accordance with the provisions in Article 240 of this Law.
Whoever buys an abducted and trafficked child but does not abuse the child and does not obstruct the rescue of the child may be given a lighter punishment. Whoever buys an abducted and trafficked woman but does not obstruct the return of the woman to her original place of residence as the woman wishes may be given a lighter or mitigated punishment.
Article 242 Whoever, by violence or threat, obstructs a functionary of a state organ in the rescue of a trafficked woman or child shall be convicted and punished in accordance with the provisions in Article 277 of this Law.
A ringleader who gathers a crowd to prevent a functionary of a state organ from rescuing a trafficked woman or child shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody; other participants of the gathering who resort to violence or threat shall be punished in accordance with the provisions in the preceding paragraph.
Article 243 Whoever fabricates facts and lodges a false accusation against another person with the intention of having the person prosecuted, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
A functionary of a state organ who commits a crime as prescribed in the preceding paragraph shall be given a heavier punishment.
The provisions in the preceding two paragraphs shall not apply to those who have made a mistake in the accusation or report without the intention of framing others.
Article 244 Whoever, by violence, threat, or restriction of personal freedom, forces another person to work shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever, knowing that another person commits an act as prescribed in the preceding paragraph, recruits or transports personnel for the person or otherwise assists in forcing others to work, shall be punished in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph of this Article.
Article 244a Where an entity, in violation of the laws or regulations on labor administration, employs a minor under the age of 16 to do physical labor of ultra-intensity, to work at height or in a pit, or to work in an explosion-prone or combustion-prone environment, or with exposure to radioactive or poisonous substances or under other dangerous conditions, if the circumstances are serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are especially serious, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever commits a crime as prescribed in the preceding paragraph and causes an accident, which concurrently constitutes another crime, shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Article 245 Whoever unlawfully searches another person’s body or residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
A judicial officer who abuses his office and commits a crime as prescribed in the preceding paragraph shall be given a heavier punishment.
Article 246 Whoever blatantly insults another person by violence or other methods, or slanders another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
The crime prescribed in the preceding paragraph shall be handled only upon private prosecution, unless it causes serious harm to public order or to the interests of the state.
The people’s court may request the public security organ to provide assistance when a victim files a complaint with the court about an act conducted via information network as prescribed in the preceding paragraph but has difficulties in providing evidence.
Article 247 A judicial officer who extorts a confession from a criminal suspect or defendant by torture or extorts testimony from a witness by violence shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If such an act causes injury to, disability of or the death of the criminal suspect, defendant or witness, the offender shall be convicted and be given a heavier punishment in accordance with the provisions in Article 234 or Article 232 of this Law.
Article 248 A custodial officer of a prison, detention house, custody house or any other custodial institution who assaults or physically abuses a person in custody, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If such an act causes injury to, disability of or the death of the person in custody, the offender shall be convicted and be given a heavier punishment in accordance with the provisions in Article 234 or Article 232 of this Law.
A custodial officer who abets a person in custody to assault or physically abuse another person in custody shall be punished in accordance with the provisions in the preceding paragraph.
Article 249 Whoever incites ethnic hatred or discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 250 Where a publication carries content discriminating against or insulting an ethnic minority group, if the circumstances are grave and the consequences are serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 251 A functionary of a state organ who unlawfully deprives a citizen of his freedom of religious belief or interferes in the custom and habits of an ethnic minority group, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Article 252 Whoever conceals, destroys, discards, or unlawfully opens another person's letter, thereby infringing on the citizen's freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 1 year or short-term custody.
Article 253 A postal worker who opens, conceals, destroys, or discards mails or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Whoever steals money or other forms of property by committing a crime as prescribed in the preceding paragraph shall be convicted and be given a heavier punishment in accordance with the provisions in Article 264 of this Law.
Article 253a Whoever, in violation of the relevant state regulations, sells or offers personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever, in violation of the relevant state regulations, sells or offers to others the personal information of citizens which is obtained during his performance of duty or provision of services, shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Whoever unlawfully obtains personal information of citizens by stealing or other means shall be punished in accordance with the provisions in the first paragraph.
An entity committing a crime as prescribed in the preceding three paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding paragraph.
Article 254 A functionary of a state organ who, abusing his office or using the power for private ends, retaliates against or frames a complainant, petitioner, critic, or accuser, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.
Article 255 A leader of a company, an enterprise, a public institution, a state organ, or an organization who retaliates against an accountant or a statistician who has resisted acts violating the Accounting Law or the Statistics Law in the performance of his duties in accordance with the law, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 256 Whoever, in the election of deputies to a people's congress or of leading members of a state organ, by means such as violence, threat, deception, bribery, falsification of electoral documents, or false report of ballots, disrupts the election or obstructs the electorate or the deputies in freely exercising the right to vote or the right to stand for election, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or deprivation of political rights.
Article 257 Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Whoever commits a crime as prescribed in the preceding paragraph, thereby causing the death of the victim, shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.
The crime prescribed in the first paragraph of this Article shall be handled only upon private prosecution.
Article 258 Whoever with a spouse commits bigamy, or whoever knowingly marries a person who has a spouse, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Article 259 Whoever knowingly cohabits with or marries a person who is the spouse of a serviceperson in active service shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
A man who, by taking advantage of his office or the subordinate relationship, has sexual intercourse with the wife of a serviceperson in active service by means of coercion, shall be convicted and punished in accordance with the provisions in Article 236 of this Law.
Article 260 Whoever abuses a family member, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction.
Whoever commits a crime as prescribed in the preceding paragraph, thereby causing serious injuries to or the death of the victim, shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.
The crime prescribed in the first paragraph of this Article shall be handled only upon private prosecution, except where the victim lacks capacity, or is under coercion or threat and therefore is unable to prosecute.
Article 260a Whoever maltreats a minor, an elderly, a sick person, a person with disability, or any other person of whom he is a guardian or caretaker, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the first paragraph, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 261 Whoever refuses to fulfill the duty to support an elderly, a minor, a sick person, or any other person who cannot live independently, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction.
Article 262 Whoever abducts a minor under the age of 14, thereby causing the separation of the minor from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 262a Whoever, by means of violence or coercion, organizes persons with disabilities or minors under the age of 14 to panhandle, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 262b Whoever organizes minors to commit theft, fraud, forcible seizure of property, blackmail, or any other activity that is in violation of public security administration, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Chapter V Crimes Against Property
Article 263 Whoever commits a robbery by taking away public property or private property by violence, coercion or any other method shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death, and concurrently, a fine or confiscation of property:
(1) intruding into another person’s residence to rob;
(2) robbing on public transport;
(3) robbing a bank or any other financial institution;
(4) committing robbery several times or committing a robbery for a large amount of property;
(5) causing serious injuries to or the death of another person in the course of robbery;
(6) impersonating a serviceperson or police officer in robbery;
(7) robbing with a gun; or
(8) committing a robbery for military materials or materials for emergency rescue, disaster relief or social relief.
Article 264 Whoever steals a relatively large amount of public or private property, or commits theft several times, or commits burglary, or steals or pickpockets with a weapon, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Article 265 Whoever, for the purpose of making profits, connects a telecommunications line with that of another without authorization, duplicates the telecommunications code or number of others, or uses the telecommunications equipment or device despite knowing that it is connected or duplicated without authorization, shall be convicted and punished in accordance with the provisions in Article 264 of this Law.
Article 266 Whoever obtains public or private property by fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 267 Whoever forcibly seizes a relatively large amount of public or private property, or forcibly seizes another’s property several times, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Whoever commits forcible seizure of another’s property with weapons shall be convicted and punished in accordance with the provisions in Article 263 of this Law.
Article 268 In case of attending a gathering and looting public or private property, if the amount involved is relatively large or there are other serious circumstances, the ringleaders and the active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the amount involved is large or there are other especially serious circumstances, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Article 269 Whoever commits a crime of theft, fraud or forcible seizure of another’s property, and uses violence or threats to use violence at the scene in order to conceal booty, resist arrest, or destroy criminal evidence, shall be convicted and punished in accordance with the provisions in Article 263 of this Law.
Article 270 Whoever unlawfully takes possession of another person’s money or other forms of property which is placed under the former’s custody and refuses to return it, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or a fine. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 5 years, and concurrently, a fine.
Whoever unlawfully takes possession of an object which another person has forgotten about or buried, and refuses to return it, if the value involved is relatively large, shall be punished in accordance with the provisions of the preceding paragraph.
The crime prescribed in this Article shall be handled only upon private prosecution.
Article 271 An employee of a company, an enterprise, or any other entity who, by taking advantage of his position, unlawfully takes possession of money or other forms of property of the entity, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine.
Where a person who performs public duty in a state-owned company or enterprise or any other state-owned entity, or a person who is assigned by a state-owned company or enterprise or any other state-owned entity to a non-state-owned company or enterprise or any other non-state-owned entity to perform public duty, commits an act as prescribed in the preceding paragraph, he shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law.
Article 272 An employee of a company, an enterprise, or any other entity who, by taking advantage of his position, misappropriates funds of the entity for personal use or lending them to another person, if the amount involved is relatively large and the funds are not returned after 3 months, or the funds are returned within 3 months but the amount involved is relatively large and the funds are used for profitable activities, or the funds are used for illegal activities, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the amount of misappropriated funds of the entity is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.
Whoever performing public duty in a state-owned company or enterprise or any other state-owned entity, or whoever assigned by a state-owned company or enterprise or any other state-owned entity to a non-state-owned company or enterprise or any other non-state-owned entity to perform public duty, commits an act as prescribed in the preceding paragraph, shall be convicted and punished in accordance with the provisions in Article 384 of this Law.
Whoever commits an act as prescribed in the first paragraph of this Article but returns the misappropriated funds before being prosecuted may be given a lighter or mitigated punishment. If the crime is relatively minor, the offender may be given a mitigated punishment or be exempted from punishment.
Article 273 In case of misappropriation of funds or materials that are allocated for disaster relief, emergency rescue, flood prevention and control, support for servicepersons with disabilities or for families of martyrs and servicepersons, aid to the poor, migration, or social relief, if the circumstances are serious, and major harm is caused to the interests of the state and the people, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 274 Whoever extorts a relatively large amount of public or private property or extorts property several times shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.
Article 275 Whoever intentionally destroys public or private property, if the amount involved is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine. If the amount involved is large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 276 Whoever, for giving vent to spite or retaliation or out of other personal motives, sabotages production or business operation by destroying machines or equipment, injuring or slaughtering farm animals, or by other means, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 276a Whoever evades paying workers their wages by transferring property, absconding or other means, or refuses to pay workers their wages while he has the ability to do so, if the amount involved is relatively large, and the offender still refuses to pay after being ordered to do so by the relevant government department, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If it causes serious consequences, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits an act as prescribed in the preceding two paragraphs but has not caused serious consequences may be given a mitigated punishment or be exempted from punishment if the offender, before being publicly prosecuted, pays the workers their wages due and bears the corresponding liability for compensation in accordance with the law.
Chapter VI Crimes of Obstructing Administration of Public Order
Section 1 Crimes of Disrupting Public Order
Article 277 Whoever, by means of violence or threat, obstructs a functionary of a state organ in the performance of his duty in accordance with the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.
Whoever, by means of violence or threat, obstructs a deputy of the National People's Congress or a local people's congress in the performance of the deputy duty in accordance with the law shall be punished in accordance with the provisions in the preceding paragraph.
Whoever, by means of violence or threat, obstructs Red Cross staff members in the performance of their duty in accordance with the law in a natural disaster or an emergency shall be punished in accordance with the provisions in the first paragraph.
Whoever, without resorting to violence or threat, intentionally obstructs a national security organ or public security organ, in the execution of a national security task in accordance with the law, thereby causing serious consequences, shall be punished in accordance with the provisions in the first paragraph.
Whoever assaults a police officer in the performance of his duty in accordance with the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the offender seriously endangers the personal safety of a police officer with a gun, or a controlled knife or cutting tool, by driving a motor vehicle and trying to crash him, or by other means, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 278 Whoever incites people to resist by violence the enforcement of laws and administrative regulations shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 279 Whoever impersonates a functionary of a state organ to defraud another person shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Whoever impersonates a police officer to defraud another person shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Article 280 Whoever forges, alters, trades or steals, forcibly seizes, or destroys official documents, certificates or seals of a state organ shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever forges the seal of a company, an enterprise, a public institution or a people’ organization shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine.
Whoever forges, alters, or trades residents’ identity cards, passports, social security cards, driving licenses, or other certificates that can be used as proof of identity in accordance with the law, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 280a Whoever, in activities in which the proof of his identity is required in accordance with the state regulations, uses a forged or an altered resident’s identity card, passport, social security card, driving license or any other forged or altered certification of identity, or steals and uses another person’s certification as mentioned above, if the circumstances are serious, shall be sentenced to short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever commits an act as prescribed in the preceding paragraph, which constitutes two or more crimes, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 280b Whoever, by taking another person’s place, steals or uses the person’s identity, and obtains the admission qualification of higher academic education, the recruitment qualification to be a civil servant, or employment resettlement treatment, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Whoever organizes and abets another person to commit an act as prescribed in the preceding paragraph shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
A state functionary who commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions on combing punishments for multiple crimes.
Article 281 Whoever unlawfully produces or trades police uniforms, police vehicle number plates, or other specialized police signs, equipment, or weapons, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 282 Whoever unlawfully obtains state secrets by stealing, spying, or illegally purchasing such secrets shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever unlawfully possesses any document, material or another article that is classified as a secret or top secret of the state, and refuses to explain its source and use, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 283 Whoever unlawfully produces or sells specialized espionage equipment or devices, or specialized equipment or devices for eavesdropping or covert photography shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 284 Whoever unlawfully uses specialized equipment or devices for eavesdropping or covert photography, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction.
Article 284a Whoever organizes cheating in a national examination provided by law shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever provides cheating equipment or other assistance for another person to commit a crime as prescribed in the preceding paragraph shall be punished in accordance with the provisions in the preceding paragraph.
Whoever unlawfully sells or provides the examination questions or answers for another person for cheating in an examination mentioned in the first paragraph, shall be punished in accordance with the provisions in the first paragraph.
Whoever takes an examination mentioned in the first paragraph in someone else’s place or asks others to take such an examination for him shall be sentenced to short-term custody or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Article 285 Whoever, in violation of the state regulations, hacks into a computer information system involving state affairs, national defense, or cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Whoever, in violation of the state regulations, hacks into any computer information system other than those prescribed in the preceding paragraph, or employs any other technical means to obtain the data stored or processed in, or transmitted via such a computer information system, or implements unlawful control of such a computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever provides programs or tools designated for hacking into or unlawfully controlling computer information systems, or knowingly provides programs or tools for another person to commit a criminal or any other illegal act of hacking into or unlawfully controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding three paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding paragraph.
Article 286 Whoever, in violation of the state regulations, deletes, modifies, adds to, or interferes with the functions of a computer information system, thereby causing the failure of the system, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Whoever, in violation of the state regulations, deletes, modifies, or adds to the data or application programs stored or processed in, or transmitted via a computer information system, which causes serious consequences, shall be punished in accordance with the provisions in the preceding paragraph.
Whoever intentionally produces or spreads any computer virus or other harmful program, thereby affecting the normal operation of a computer system, if the consequences are serious, shall be punished in accordance with the provisions in the first paragraph.
An entity committing a crime as prescribed in the preceding three paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 286a Where a network service provider fails to fulfill the information and network security management obligations prescribed by laws and administrative regulations, and refuses to obey the order to take corrective measures by the regulatory authorities, if there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only:
(1) causing the extensive spread of illegal information;
(2) causing the leakage of user information, which results in serious consequences;
(3) causing the loss of evidence in criminal cases, and where the circumstances are serious; or
(4) there being other serious circumstances.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 287 Whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets, or any other crime shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 287a Whoever uses information networks to commit any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only:
(1) setting up websites or communication groups for committing fraud, teaching methods of committing a crime, producing or selling prohibited or controlled items or carrying out other illegal and criminal activities;
(2) publishing information about the production or sale of narcotic drugs, guns, pornographic materials, or other prohibited or controlled items, or publishing any other illegal information; or
(3) releasing information for carrying out fraud or other illegal activities.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 287b Whoever, knowing that another person is committing or is going to commit a crime by using information networks, still provides the person with technical support such as internet access, server hosting, network storage, communications and transmission, or provides assistance in advertising or promotion, or payment and settlement, etc., if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 288 Whoever, in violation of the state regulations, sets up and uses a radio station or occupies radio frequencies without authorization, thereby interfering with the normal operation of radio communications, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 289 Whoever attends a gathering and “fights, smashes, or loots”, thereby causing injury to, disability of or the death of another person, shall be convicted and punished in accordance with the provisions in Articles 234 and 232 of this Law. If public or private property is thereby destroyed or looted, the offender shall be ordered to return or make compensation for such property; and in the case of a ringleader, he shall also be convicted and punished in accordance with the provisions in Article 263 of this Law.
Article 290 In case of attending a gathering and disrupting public order, and the circumstances being so serious that work, production, business operation, teaching, scientific research or medical services cannot go on, if heavy losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; and other active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction or deprivation of political rights.
In case of attending a gathering and assaulting a state organ, which causes the state organ to be unable to carry on its work and thereby results in heavy losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and other active participants shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.
Whoever disrupts the working order of a state organ several times and fails to correct after being subjected to an administrative penalty, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Whoever repeatedly organizes or subsidizes others for unlawful gathering, thereby disrupting public order, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.
Article 291 A ringleader who gathers a crowd that disrupt the order in a public place, such as a station, dock, civil airport, shopping mall, park or theater, a fair or an exhibition, or a stadium, block or otherwise disrupt traffic, or prevent an officer of public security administration from carrying out his duty or obstruct the officer in the performance of the duty in accordance with the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction.
Article 291a Whoever releases fake explosive, poisonous or radioactive substances, fake pathogens of infectious diseases, or other fake substances, or fabricates such information as any explosive, biochemical or radiation exposure threat, or deliberately spreads information that may cause terror and which the offender knows is fabricated, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Whoever fabricates information of a false emergency, epidemic, disaster, or situation that needs police involvement, and spreads such information via the internet or other media, or deliberately spreads via the internet or other media the abovementioned information which he knows is fake, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 291b Whoever throws an object from a building or any other place at height, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever commits a crime as prescribed in the preceding paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 292 In case of attending a gathering and fighting, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If there is any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years:
(1) attending a gathering and fighting several times;
(2) a large number of people gathering and engaging in large-scale fighting, which brings a bad social influence;
(3) gathering and fighting in a public place or a traffic artery, thereby causing serious chaos; or
(4) gathering and fighting with weapons.
Where gathering and fighting cause serious injuries or death, the offenders shall be convicted and punished in accordance with the provisions in Article 234 or Article 232 of this Law.
Article 293 Whoever commits any of the following acts of provoking troubles, thereby disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction:
(1) randomly assaulting another person, where the circumstances are grave;
(2) chasing, intercepting, insulting, or threatening another person, where the circumstances are grave;
(3) forcibly taking, or arbitrarily damaging or taking into his possession public or private property, where the circumstances are serious; or
(4) causing a disturbance in a public place, which leads to serious chaos there.
Whoever gathers others and commits an act as prescribed in the preceding paragraph several times, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and may concurrently be fined.
Article 293a Whoever, in any of the following circumstances, collects unlawful debts of usurious lending or other unlawful debts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only:
(1) using violence or coercion;
(2) restricting the personal freedom of another person or breaking into another person's residence; or
(3) threatening, stalking, or harassing another person.
Article 294 Whoever organizes or leads an organization of a gang nature shall be sentenced to fixed-term imprisonment of not less than 7 years and confiscation of property; the active participants of the organization shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and may concurrently be sentenced to a fine or confiscation of property; and other participants of the organization shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and may concurrently be sentenced to a fine.
A member of an overseas criminal gang who recruits members within the territory People's Republic of China shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
A functionary of a state organ who harbors an organization of a gang nature or connives at criminal and other illegal activities carried out by such an organization shall be sentenced to fixed-term imprisonment of not more than 5 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Whoever committing a crime as prescribed in the preceding three paragraphs also commits another crime shall be punished in accordance with the provisions of combining punishments for multiple crimes.
An organization of a gang nature shall have all the following characteristics:
(1) being a relatively stable criminal organization with a large number of people, clear organizers and leaders, and basically fixed key members;
(2) obtaining economic benefits through criminal or other illegal activities or other means in an organized way and being financially capable of conducting activities;
(3) committing organized criminal and other illegal activities several times by violence, threat or other means, doing evil things, and bullying and brutalizing people; and
(4) through conducting criminal or other illegal activities, or being harbored by or with the connivance of a state functionary, bullying around in a certain place and taking unlawful control over or having significant influence in a certain area or industry, thereby seriously disrupting the order of economic and social order.
Article 295 Whoever teaches another person methods of committing a crime shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 296 Where a rally, procession, or demonstration is held when there is no application for it beforehand in accordance with the law, or when the application therefor is not approved, or when it does not comply with the time to start or finish, places, or routes permitted by the competent authority, and the order to dismiss the crowd is not obeyed, thereby seriously disrupting public order, the person in charge of the rally, procession, or demonstration and the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 297 Whoever, in violation of laws and regulations, participates in a rally, procession, or demonstration with a weapon or controlled knife or explosives, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 298 Whoever disrupts, assaults, or by other means disrupts a rally, procession, or demonstration held in accordance with the law, thereby disturbing the public order, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 299 Whoever intentionally desecrates the National Flag or the National Emblem of the People's Republic of China by burning, destroying, defacing, defiling or trampling on it in a public place shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Whoever intentionally alters the lyrics or melody of the National Anthem of the People's Republic of China in a public place, plays or sings the National Anthem in a distorted or derogatory way, or desecrates the National Anthem in any other way, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.
Article 299a Whoever smears the reputation or besmirches the honor of a hero or martyr through insults or slander or otherwise, thereby impairing social and public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 300 Whoever organizes or exploits a secret society or an evil organization, a cult, or a superstitious belief to undermine the enforcement of laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine or confiscation of property. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever organizes or exploits a secret society or an evil organization, a cult, or a superstitious belief to deceive another person, thereby causing serious injuries to or the death of another person, shall be punished in accordance with the provisions in the preceding paragraph.
Whoever committing a crime as prescribed in the first paragraph also commits another crime such as rape or fraud shall be punished in accordance with the provisions of combining punishments for multiple crimes.
Article 301 In case of attending a gathering to conduct obscene activities, the ringleaders, and those who participate in such activities several times shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction.
Whoever induces a minor to participate in the aforementioned obscene activities shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Article 302 Whoever steals, insults, or intentionally destroys a corpse, a skeleton, or cremains shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 303 Whoever gathers people to gamble or makes a business out of gambling for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Whoever operates a casino shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Whoever organizes citizens of the People's Republic of China to gamble overseas, if the amount involved is large or there are other serious circumstances, shall be punished in accordance with the provisions in the preceding paragraph.
Article 304 A postal worker who, being seriously remiss in his duty, intentionally delays the delivery of mail, thereby causing heavy losses to public property or the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Section 2 Crimes of Obstructing Justice
Article 305 Any witness, expert witness, recorder, or translator in criminal proceedings, who intentionally provides false testimony, expert opinions, records, or translation which are material to the proceedings, intending to frame others or conceal criminal evidence, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 306 Where any defender or agent ad litem in criminal proceedings destroys or forges evidence, assists a client in destroying or forging evidence, or intimidates a witness into changing testimony deviating from the truth or committing perjury or induces a witness to commit any of the aforementioned acts, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
The circumstance where the witness testimony or other evidence provided, presented, or quoted by a defender or an agent ad litem is inaccurate but not deliberately forged shall not be considered forgery of evidence.
Article 307 Whoever, by violence, threat, bribery or other means, hinders a witness from testifying or asks another person to commit perjury shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever assists a client in destroying or forging evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
A judicial officer who commits a crime as prescribed in the preceding two paragraphs shall be given a heavier punishment.
Article 307a Whoever brings a civil suit with fabricated facts, thereby obstructing judicial order or seriously infringing on the legitimate rights and interests of another person, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the first paragraph and unlawfully takes possession of another person's property or evades lawful debts, which constitutes another crime, shall be convicted and punished in accordance with the provisions that specify a heavier punishment.
A judicial officer who, by taking advantage of his office, jointly commits a crime as prescribed in the preceding three paragraphs with another person shall be given a heavier punishment. If the act also constitutes another crime, the judicial officer shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Article 308 Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 308a Any judicial officer, defender, or agent ad litem, or any other participant in the proceedings who leaks information that should not be made public in a case that is not tried in public in accordance with the law, thereby resulting in the spread of such information or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever commits an act as prescribed in the preceding paragraph and leaks state secrets shall be convicted and punished in accordance with the provisions in Article 398 of this Law.
Whoever publicly discloses or reports the case information prescribed in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions in the first paragraph.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 309 Whoever disrupts the order in the courtroom, which falls under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine:
(1) disrupting or attacking a courtroom with others;
(2) assaulting a judicial officer or a participant in the proceedings;
(3) insulting, slandering, or threatening a judicial officer or a participant in the proceedings, and refusing to obey the order of the court to cease such an act, thereby seriously disrupting the order in the courtroom; or
(4) destroying the facilities of the courtroom, forcibly seizing, or destroying legal documents or evidence, or engaging in other activities of disrupting the order in the courtroom, and the circumstances are serious.
Article 310 Whoever knowingly provides a criminal with a hiding place or property, assists the criminal in absconding, or gives false testimony to harbor the criminal shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Whoever conspires with another person before committing a crime as prescribed in the preceding paragraph shall be convicted and punished as an accomplice.
Article 311 Whoever, knowing that a person has committed a criminal act of espionage, terrorism or extremism, refuses to provide relevant information or evidence upon the investigation of the judicial organ, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 312 Whoever knowingly hides, transfers, purchases, sells for another person, or covers up or conceals by other means criminal gains and the proceeds derived therefrom shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 313 Whoever refuses to submit himself to the enforcement of the judgment or ruling of the people’s court when capable, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.
Article 314 Whoever conceals, transfers, sells, or intentionally destroys the property that has been sealed, seized, or frozen by a judicial organ, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine.
Article 315 A criminal placed in custody in accordance with the law who commits any of the following acts against the custodial order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years:
(1) assaulting a custodial officer;
(2) organizing other persons in custody to disrupt the custodial order;
(3) disrupting the custodial order with others and causing a disturbance; or
(4) assaulting or physically abusing another person in custody, or abetting someone else to assault or physically abuse another person in custody.
Article 316 A criminal, defendant, or criminal suspect placed in custody in accordance with the law who escapes from custody shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Whoever takes away by force a criminal, defendant, or criminal suspect under escort shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.
Article 317 A ringleader who organizes a jailbreak and other active participants shall be sentenced to fixed-term imprisonment of not less than 5 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
A ringleader who riots to escape from prison or gathers armed individuals to raid a jail and other active participants shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. If the circumstances are especially serious, the aforesaid offenders shall be sentenced to death; and other participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Section 3 Crimes of Obstructing National Border (Frontier) Administration
Article 318 Whoever organizes other persons to unlawfully cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine or confiscation of property:
(1) being the ringleader of a group that organizes unlawful crossing of the national border (frontier);
(2) organizing several times other persons to unlawfully cross the national border (frontier), or organizing a large number of persons to do so;
(3) causing serious injuries to or the death of the persons organized to unlawfully cross the national border (frontier);
(4) depriving the persons organized to unlawfully cross the national border (frontier) of personal freedom or restricting their personal freedom;
(5) resisting inspection by means of violence or threat;
(6) the amount of illegal gains being large; or
(7) other especially serious circumstances.
Whoever commits a crime as prescribed in the preceding paragraph, and kills, injures, rapes, abducts or traffics in, or commits any other crime against any of the persons organized to unlawfully cross the national border (frontier), or kills, injures, or commits any other crime against an inspector, shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Article 319 Whoever, in the name of labor export, commerce and trade, etc., fraudulently obtains passports, visas or other documents for exit, and uses them for organizing other persons to unlawfully cross the national border (frontier), shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 320 Whoever provides others with forged or altered passports, visas, or other documents for exit or entry, or sells passports, visas, or other documents for exit or entry, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
Article 321 Whoever transports other persons for unlawfully crossing the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine:
(1) committing the act of transporting people for the aforementioned purpose several times or transporting a large number of people for the aforementioned purpose;
(2) the ships, vehicles or other means of transport used for such transportation failing to meet the necessary safety requirements, which is likely to cause serious consequences;
(3) the amount of illegal gains is large; or
(4) other especially serious circumstances.
Whoever causes serious injuries to or the death of the persons being transported, or resists inspection by means of violence or threat while transporting such persons for unlawfully crossing the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.
Whoever commits a crime as prescribed in the preceding two paragraphs and kills, injures, rapes, abducts or traffics in, or commits any other crime against the persons being transported, or kills, injures, or commits any other crime against an inspector, shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Article 322 Whoever, in violation of the laws or regulations on national border (frontier) administration, unlawfully crosses the national border (frontier), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction, and concurrently, a fine. If the offender unlawfully crosses the national border (frontier) for participating in a terrorist organization, receiving training for terrorist activities, or committing an act of terrorism, the offender shall be sentenced to fixed-term imprisonment of not less than 1 year but not more than 3 years, and concurrently, a fine.
Article 323 Whoever intentionally destroys a boundary tablet, boundary pillar, or permanent survey marker on the national border shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Section 4 Crimes of Obstructing the Management of Cultural Relics
Article 324 Whoever intentionally destroys a precious cultural relic under state protection or a site classified as a national key protection relic or provincial-level protection relic, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever intentionally destroys a site of historical and cultural interest that is under state protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever negligently damages or destroys a precious cultural relic that is under state protection, or a site classified as a national key protection relic or provincial-level protection relic, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 325 Whoever, in violation of the laws or regulations on the protection of cultural relics, sells or presents as a gift a precious cultural relic the export of which is prohibited by the state to a foreigner without authorization, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and may concurrently be fined.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 326 Whoever, for the purpose of making profits, sells a cultural relic the trade of which is prohibited by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 327 Where any state-owned museum, library or other entity, in violation of the laws or regulations on the protection of cultural relics, sells or presents as a gift a cultural relic under state protection which is in its collections, to a non-state-owned entity or an individual without authorization, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 328 Whoever illegally excavates ancient cultural heritage sites or ancient tombs of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property:
(1) illegally excavating an ancient cultural heritage site or ancient tomb that is identified as a national key cultural protection relic or provincial level cultural protection relic;
(2) being the ringleader of a group that engages in illegally excavating ancient cultural heritage sites or ancient tombs;
(3) illegally excavating ancient heritage cultural sites or ancient tombs several times; or
(4) illegally excavating an ancient cultural heritage site or ancient tomb, and plundering precious cultural relics therein or causing serious damage to precious cultural relics.
Whoever illegally excavates a fossil of the ancient human or animal which is of scientific value and is under state protection shall be punished in accordance with the provisions in the preceding paragraph.
Article 329 Whoever forcibly seizes or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Whoever, in violation of the provisions of the Archives Law, sells or transfers state-owned archives without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime prescribed in this Law, shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Section 5 Crimes of Impairing Public Health
Article 330 In any of the following circumstances where the offender, in violation of the provisions of the Law on Prevention and Treatment of Infectious Diseases, causes the spread of, or a high risk of the spread of a Class A infectious disease or any other infectious disease against which preventive and control measures for Class A infectious diseases are determined to be taken in accordance with the law, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years:
(1) a water supply entity failing to supply drinking water in conformity with the sanitation standards set by the state;
(2) refusing to disinfect the sewage, wastes, feces, areas, or articles contaminated by pathogens of infectious diseases in accordance with the sanitary requirements set by the relevant diseases prevention and control agency;
(3) permitting a patient with an infectious disease, a carrier of pathogens, or a suspected patient with an infectious disease to take a job that such a person is prohibited from taking, as is provided by the administrative department of health under the State Council because of the likelihood of causing the spread of the infectious disease, or conniving at taking such a job by the said person;
(4) selling or transporting goods from an epidemic area, which have been contaminated or may have been contaminated by pathogens of infectious diseases, without disinfecting them first; or
(5) refusing to implement the preventative and control measures of the people’s government at or above the county level or the relevant diseases prevention and control agency in accordance with the Law on Prevention and Treatment of Infectious Diseases.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Class A infectious diseases shall be determined in accordance with the Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases and the relevant regulations of the State Council.
Article 331 Whoever, engaging in experimentation with, storage of, or carrying or transportation of bacterial strains or virus strains of infectious diseases, in violation of the relevant regulations of the administrative department of health under the State Council, causes the spread of the bacterial strains or virus strains of an infectious disease, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 332 Whoever, in violation of the regulations on frontier health and quarantine, causes the spread of, or a high risk of the spread of a quarantinable infectious disease, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 333 Whoever unlawfully organizes other persons to sell blood shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. Whoever, by violence or threat, forces another person to sell blood shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Whoever commits an act as prescribed in the preceding paragraph and causes injuries to another person shall be convicted and punished in accordance with the provisions in Article 234 of this Law.
Article 334 Whoever unlawfully collects or supplies blood, or produces or supplies blood products that do not meet the standards prescribed by the state, in a manner likely to endanger human health, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If serious harm is caused to human health, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Where an entity authorized by the competent department of the state to collect and supply blood or to produce or supply blood products fails to conduct tests according to relevant regulations or conducts tests in violation of other operational rules, thereby endangering the health of other persons, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 334a Whoever, in violation of the relevant state regulations, unlawfully collects China's human genetic resources or unlawfully transports, mails, or carries China's human genetic resources materials overseas, thereby endangering public health or public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 335 A medical worker who, being seriously remiss in his duty, causes the death of or serious harm to the health of a patient shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 336 Whoever, without the qualification to practice medicine, unlawfully practices medicine, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If serious harm is caused to the health of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If it causes the death of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.
Whoever, without the qualification to practice medicine, performs birth control reversal surgery, fake birth control surgery, pregnancy termination surgery, or intrauterine device removal surgery without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If serious harm is caused to the health of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If it causes the death of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.
Article 336a Whoever implants a gene-edited or cloned human embryo into a human or an animal body, or implants a gene-edited or cloned animal embryo into a human body, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 337 Whoever, in violation of the state regulations on the epidemic prevention and quarantine of animals and plants, causes a major animal or plant epidemic or poses a risk of a major animal or plant epidemic, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Section 6 Crimes of Impairing the Conservation of Environment and Resources
Article 338 Whoever, in violation of state regulations, discharges, dumps, or disposes of radioactive wastes, wastes containing pathogens of infectious diseases, toxic substances, or other hazardous substances, thereby seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine:
(1) discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances in key protected zones identified in accordance with the law, such as drinking water source reserves and key protected zones of nature reserves, and the circumstances are especially serious;
(2) discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances in the water areas of important rivers or lakes identified by the state, and the circumstances are especially serious;
(3) causing a large amount of permanent basic farmland to lose its basic function or to endure permanent damage; or
(4) causing serious injuries or serious diseases to several persons, or causing serious disability or the death of a person.
Whoever commits a crime as prescribed in the first paragraph, which constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.
Article 339 Whoever, in violation of the state regulations, dumps, amasses, or disposes of, within the People’s Republic of China, solid waste from overseas, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If any of the aforementioned acts causes a major environmental pollution accident and thereby results in heavy losses to public or private property, or serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.
Whoever, without the permission of the competent department under the State Council, imports solid waste as raw materials, thereby causing a major environmental pollution accident and resulting in heavy losses to public or private property, or serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Whoever, under the pretext of using it as raw materials, imports solid waste, liquid waste, or gaseous waste that cannot be used as raw materials, shall be convicted and punished in accordance with the second or third paragraph of Article 152 of this Law.
Article 340 Whoever, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products where or when fishing is prohibited, or with prohibited fishing gear or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.
Article 341 Whoever unlawfully hunts or kills precious or endangered wild animals which are under national key protection, or unlawfully purchases, transports, or sells precious or endangered wild animals under national key protection or their products, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine or confiscation of property.
Whoever, in violation of the laws or regulations on hunting, hunts where or when hunting is prohibited, or with prohibited hunting tools or methods, thereby damaging wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.
Whoever, in violation of the laws or regulations on wildlife protection and management, and for eating, unlawfully hunts, purchases, transports, or sells terrestrial wild animals which grow and breed in the wild but do not belong to those prescribed in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.
Article 342 Whoever, in violation of the laws or regulations on land administration, unlawfully occupies farmland, woodland, or other agricultural land, and changes the planned use of the occupied land, if the area involved is relatively large, and a large area of farmland, woodland, or other agricultural land is damaged, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 342a Whoever, in violation of the laws or regulations on nature reserves management, conducts reclamation or development activities or constructs buildings in national parks or national nature reserves, thereby causing serious consequences, or if there are other grave circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever commits a crime as prescribed in the preceding paragraph, which constitutes another crime, shall be punished in accordance with the provisions which specify a heavier punishment.
Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, mines without any mining license, or enters and mines without authorization in a mining area under the state plan, is of great value to the national economy, or belongs to another person, or mines without authorization for a specific mineral which should be mined for in a protective manner under state regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever, in violation of the provisions of the Mineral Resources Law, mines for a mineral resource in a destructive way, thereby causing serious damage to the mineral resources, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine.
Article 344 Whoever, in violation of state regulations, unlawfully fells or destroys precious trees or other precious plants which are under national key protection, or unlawfully purchases, transports, processes, or sells precious trees or other precious plants which are under national key protection or their products, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 344a Whoever, in violation of state regulations, unlawfully imports, releases, or discards invasive alien species, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 345 Whoever unlawfully fells and steals forest trees or bamboos in a bamboo forest, or other trees or bamboos, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.
Whoever, in violation of the provisions of the Forestry Law, arbitrarily fells forest trees, bamboos in a bamboo forest, or other trees or bamboos, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever knowingly and unlawfully purchases or transports trunks or logs that are unlawfully or arbitrarily felled, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever unlawfully or arbitrarily fells forest trees, bamboos in a bamboo forest, or other trees or bamboos in a national nature reserve shall be given a heavier punishment.
Article 346 An entity committing a crime as prescribed in Articles 338 to 345 of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article of this Section.
Section 7 Crimes of Smuggling, Trafficking, Transporting, or Manufacturing Narcotic Drugs
Article 347 Whoever smuggles, traffics, transports, or manufactures narcotic drugs, regardless of the quantity, shall be held criminally liable and be subjected to criminal punishment.
Whoever smuggles, traffics, transports, or manufactures narcotic drugs shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment, or death, and concurrently, confiscation of property if there is any of the following circumstances:
(1) smuggling, trafficking, transporting, or manufacturing opium of not less than 1 kilogram, or heroin or methamphetamine of not less than 50 grams, or any other narcotic drug of a large quantity;
(2) being a ringleader of a group engaged in smuggling, trafficking, transporting, or manufacturing narcotic drugs;
(3) providing armed support for smuggling, trafficking, transporting, or manufacturing narcotic drugs;
(4) resisting inspection, detention, or arrest by means of violence, where the circumstances are serious; or
(5) participating in organized international narcotic drug trafficking.
Whoever smuggles, traffics, transports, or manufactures opium of not less than 200 grams but less than 1 kilogram, or heroin or methamphetamine of not less than 10 grams but less than 50 grams, or any other narcotic drug of a relatively large quantity, shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.
Whoever smuggles, traffics, transports, or manufactures opium of less than 200 grams, or heroin or methamphetamine of less than 10 grams, or any other narcotic drug of a small quantity, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the second, third, and fourth paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the corresponding provisions in the preceding paragraphs.
Whoever makes use of or abets a minor to smuggle, traffic, transport, or manufacture narcotic drugs, or sells narcotic drugs to a minor, shall be given a heavier punishment.
Whoever smuggles, traffics, transports, or manufactures narcotic drugs several times but has not been dealt with shall be punished based on the cumulative quantity of the narcotic drugs involved.
Article 348 Whoever unlawfully possesses opium of not less than 1 kilogram, or heroin or methamphetamine of not less than 50 grams, or any other narcotic drug of a large quantity, shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine. Whoever unlawfully possesses opium of not less than 200 grams but less than 1 kilogram, or heroin or methamphetamine of not less than 10 grams but less than 50 grams, or any other narcotic drug of a relatively large quantity, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 349 Whoever harbors a criminal who smuggles, traffics, transports, or manufactures narcotic drugs, or assists such a criminal in hiding, transferring, or concealing narcotic drugs or money or other forms of property gained from crimes, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
A narcotic drug enforcement officer or any other functionary of a state organ who shelters or harbors an offender who smuggles, traffics, transports, or manufactures narcotic drugs shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Whoever connives with others in advance and commits a crime as prescribed in the preceding two paragraphs, shall be convicted and punished as an accomplice in the crime of smuggling, trafficking, transporting, or manufacturing narcotic drugs.
Article 350 Whoever, in violation of state regulations, unlawfully manufactures, trades, or transports acetic anhydride, ether, chloroform, or other raw materials or chemicals used in the manufacture of narcotic drugs, or carries the abovementioned substances into or out of the country, if the circumstances are relatively serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property.
Whoever, knowing that another person manufactures narcotic drugs, manufactures, trades, or transports the substances mentioned in the preceding paragraph for this person shall be convicted and punished as an accomplice in the crime of manufacturing narcotic drugs.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the corresponding provisions in the preceding two paragraphs.
Article 351 Unlawfully cultivated opium poppies, marijuana, or other narcotic plants shall be compulsorily uprooted. Whoever cultivates the aforementioned plants under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine:
(1) cultivating not less than 500 but less than 3,000 opium poppies, or other narcotic plants in a relatively large quantity;
(2) recultivating any of the abovementioned plants after being handled by the public security organ; or
(3) resisting the uprooting of the abovementioned plants.
Whoever unlawfully cultivates not less than 3,000 opium poppies or other narcotic plants in a large quantity shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.
Whoever unlawfully cultivates opium poppies or other narcotic plants but voluntarily uproots them before harvest may be exempted from punishment.
Article 352 Whoever unlawfully trades, transports, carries, or possesses seeds or seedlings which have not been inactivated of opium poppies or of other narcotic plants, if the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently a fine, or shall be sentenced to a fine only.
Article 353 Whoever induces, abets, or deceives another person to take or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever forces another person to take or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever induces, abets, deceives, or forces a minor to take or inject narcotic drugs shall be given a heavier punishment.
Article 354 Whoever provides shelter for another person to take or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Article 355 Whoever engaging in the manufacture, transportation, administration, or utilization of state-controlled narcotic or psychotropic substances in accordance with the law, in violation of state regulations, provides another person who takes or injects narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. Whoever provides a criminal smuggling or trafficking narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations, or, for the purpose of making profits, provides another person who takes or injects narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations shall be convicted and punished in accordance with the provisions in Article 347 of this Law.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 355a Whoever induces, abets, or deceives an athlete to use performance-enhancing drugs in a major domestic or international sports competition, or knowingly provides performance-enhancing drugs to an athlete participating in a competition mentioned above, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.
Whoever organizes or forces athletes to use performance-enhancing drugs in a major domestic or international sports competition shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Article 356 Where a person who has been subjected to criminal punishment for smuggling, trafficking, transporting, manufacturing, or unlawfully possessing narcotic drugs commits a crime as prescribed in this Section, he shall be given a heavier punishment.
Article 357 For purposes of this Law, “narcotic drugs” refer to opium, heroin, methamphetamine (meth), morphine, marijuana, cocaine, and other addictive narcotic and psychotropic substances that are controlled under state regulations.
The quantity of drugs smuggled, trafficked, transported, manufactured, or unlawfully possessed shall be calculated by the verified amount instead of purity.
Section 8 Crimes of Organizing, Forcing, Inducing, Sheltering, or Procuring People to Engage in Prostitution
Article 358 Whoever organizes or forces other persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, and in the course of it commits a criminal act such as killing, injuring, raping, or kidnapping another, shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Whoever recruits or transports people for another person who organizes people to engage in prostitution, or otherwise assists others in organizing people to engage in prostitution, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Article 359 Whoever induces, provides shelter for, or procures another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
Whoever induces a girl under the age of 14 to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
Article 360 Whoever, knowing that he himself suffers from syphilis, gonorrhea, or any other serious venereal disease, engages in prostitution or solicits prostitution, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Article 361 Whoever working for an entity in the hotel business, or the catering service, or the culture and entertainment industry, or the taxi industry, etc., by taking advantage of the conditions of the entity, organizes, forces, induces, provides shelter for, or procures another person to engage in prostitution, shall be convicted and punished in accordance with the provisions in Articles 358 and 359 of this Law.
The leading person in charge of an entity mentioned in the preceding paragraph who commits a crime as prescribed in the preceding paragraph shall be given a heavier punishment.
Article 362 Whoever works for an entity in the hotel business, or the catering service, or the culture and entertainment industry, or the taxi industry, etc., informs and notices the lawbreakers when the public security organ investigates prostitution or solicitation of prostitution, if the circumstances are serious, shall be convicted and punished in accordance with the provisions in Article 310 of this Law.
Section 9 Crimes of Producing, Selling, or Disseminating Pornographic Materials
Article 363 Whoever produces, duplicates, publishes, sells, or disseminates pornographic materials for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Whoever provides another person with a book number to publish a pornographic book or magazine shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. Whoever knowingly provides a book number to another person for publishing a pornographic book or magazine shall be punished in accordance with the provisions in the preceding paragraph.
Article 364 Whoever distributes or disseminates pornographic books, magazines, films, audio-visual products, pictures, or other pornographic materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction.
Whoever organizes the broadcasting of pornographic films, videos, or other audio-visual products shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever produces or duplicates pornographic films, videos or other audio-visual products, and organizes the broadcasting of them, shall be given a heavier punishment in accordance with the provisions in the second paragraph of this Article.
Whoever distributes or disseminates pornographic materials to minors under the age of 18 shall be given a heavier punishment.
Article 365 Whoever organizes pornographic performances shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Article 366 An entity committing a crime as prescribed in Article 363, 364 or 365 of this Law shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article.
Article 367 For purposes of this Law, “pornographic materials” refer to obscene books, magazines, films, videotapes, audiotapes, pictures, and other pornographic materials that specifically depict sexual activities or publicize pornography.
Scientific works on human physiology or medical knowledge are not pornographic materials.
Literature and works of artistic value with erotic contents shall not be regarded as pornographic materials.
Chapter VII Crimes of Impairing the Interests of National Defense
Article 368 Whoever, by violence or threat, obstructs a serviceperson in the performance of his duty in accordance of the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.
Whoever intentionally obstructs military operations of armed forces, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 369 Whoever destroys weapons or equipment, military installations or military communication shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody or non-custodial correction. Whoever destroys major weapons or equipment, military installations or military communication shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever negligently commits a crime as prescribed in the preceding paragraph and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever commits a crime as prescribed in the preceding two paragraphs in wartime shall be given a heavier punishment.
Article 370 Whoever knowingly provides substandard weapons or equipment or military installations for the armed forces shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits a crime as prescribed in the preceding paragraph and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
An entity committing a crime as prescribed in the first paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 371 In the case of gathering to assault a restricted military zone, thereby seriously disrupting the order of the zone, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and other active participants shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.
In the case of gathering and disrupting the order of a military administrative zone, if the circumstances are serious, whereby the normal functioning of the military administrative zone is obstructed and heavy losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and other active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 372 Whoever impersonates a serviceperson to defraud another person shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 373 Whoever incites a serviceperson to desert the military or knowingly employs a deserter, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 374 Whoever engages in malpractice for personal gains in the enlistment process by accepting or sending unqualified recruits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 375 Whoever forges, alters, trades or steals, or forcibly seizes official documents, certificates, or seals of the armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Whoever illegally manufactures or trades uniforms of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Whoever forges, steals, trades, or unlawfully provides or uses number plates of vehicles of the armed forces or other specialized symbols of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the second or third paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the corresponding provisions in the preceding paragraphs.
Article 376 A reservist who refuses or evades conscription or military training in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
A citizen who refuses or evades military service in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Article 377 Whoever intentionally provides the armed forces with false information about the enemy in wartime, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 378 Whoever spreads rumors in wartime and damages the morale of armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 379 Whoever knowingly hides, or provides money or other forms of property for a deserter from the armed forces in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 380 An entity which refuses or intentionally delays orders for military supplies in wartime, if the circumstances are serious, shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If serious consequences are caused, the offenders shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 381 Whoever refuses military expropriation or requisition in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Chapter VIII Crimes of Embezzlement and Bribery
Article 382 A state functionary who, by taking advantage of his office, appropriates, steals, or obtains by fraud, public property, or unlawfully takes public property into his own possession by other means, shall be liable for the crime of embezzlement.
Whoever entrusted by a state organ, a state-owned company, enterprise or public institution, or a people’s organization with administering or managing state-owned property, by taking advantage of his office, appropriates, steals, or obtains by fraud, state-owned property, or unlawfully takes state-owned property into his own possession by other means, shall be convicted of embezzlement.
Whoever colludes with an offender as prescribed in the preceding two paragraphs to engage in embezzlement shall be convicted and punished as an accomplice.
Article 383 Whoever commits the crime of embezzlement shall be punished on the basis of the gravity of the circumstances and in accordance with the following provisions:
(1) if the amount embezzled is relatively large, or there are other relatively serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.
(2) if the amount embezzled is large, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine or confiscation of property.
(3) if the amount embezzled is especially large, or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and concurrently, a fine or confiscation of property. If the amount embezzled is especially large, and extremely heavy losses are caused to the interests of the state and the people, the offender shall be sentenced to life imprisonment or death, and concurrently, confiscation of property.
Whoever commits embezzlement several times but has not been dealt with shall be punished based on the cumulative amount of the embezzlement involved.
Where an offender who has committed a crime as prescribed in the first paragraph truthfully confesses his crime, shows sincere repentance, voluntarily returns the embezzled property, and avoids or reduces damage before the public prosecution, he may be given a lighter or mitigated punishment or be exempted from punishment under the circumstances prescribed in Subparagraph (1); and he may be given a lighter punishment if there is any of the circumstances prescribed in Subparagraphs (2) and (3).
Where a person is sentenced to death penalty with reprieve for committing a crime as prescribed in the first paragraph with the circumstances specified in Subparagraph (3), the people’s court may at the same time decide, based on the circumstances of the crime and other factors, that upon the expiration of the two-year reprieve, when the death sentence with reprieve is commuted to life imprisonment in accordance with the law, the offender will be subjected to life imprisonment with no further commutation nor parole.
Article 384 A state functionary who, by taking advantage of his office and for private use, misappropriates public funds for illegal activities, or misappropriates a relatively large amount of public funds for profitable activities, or misappropriates a relatively large amount of public funds and fails to return them after the lapse of 3 months, shall be liable for the crime of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years. Whoever misappropriates a large amount of public funds and fails to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Whoever, for his own use, misappropriates funds or materials allocated for disaster relief, emergency rescue, flood prevention and control, support for servicepersons with disabilities or for families of martyrs and servicepersons, aid to the poor, migration, or social relief, shall be given a heavier punishment.
Article 385 A state functionary who, by taking advantage of his office, solicits money or other forms of property from others, or illegally accepts others’ money or other forms of property as a price of providing benefits, shall be liable for the crime of taking bribes.
A state functionary who, in economic activities, violates state regulations by accepting kickbacks or service charges under any name and taking them into his own possession, shall be convicted of and punished for the crime of taking bribes.
Article 386 Whoever commits the crime of taking bribes shall be punished in accordance with the provisions in Article 383 of this Law based on the amount of bribes the offender has taken and the gravity of the circumstances. Whoever solicits bribes from another person shall be given a heavier punishment.
Article 387 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization solicits or unlawfully accepts money or other forms of property from others as a price of providing benefits, if the circumstances are serious, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
An entity as prescribed in the preceding paragraph that, in economic activities, secretly accepts off-the-book kickbacks or service charges under any name, shall be convicted of the crime of accepting bribes and be punished in accordance with the provisions in the preceding paragraph.
Article 388 A state functionary who, by taking advantage of his office or position, secures illicit benefits for an entrusting party through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, shall be convicted of and punished for the crime of taking bribes.
Article 388a Any close relative of a state functionary or any other person closely related to him who, by taking advantage of the state functionary’s office or position, secures illicit benefits for an entrusting party through the state functionary’s performance of duty or through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, if the amount involved is relatively large or there are other relatively serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property.
A former state functionary who no longer holds the office or post, or any of his close relatives or any other person closely related to him who, by taking advantage of the office or position he once held, commits an act as prescribed in the preceding paragraph, shall be punished in accordance with the provisions in the preceding paragraph.
Article 389 Whoever, for securing illicit benefits, gives money or other forms of property to a state functionary, shall be convicted of the crime of offering bribes.
Whoever, in economic activities, gives a relatively large amount of money or other forms of property to a state functionary in violation of state regulations, or gives kickbacks or service charges under any name to a state functionary in violation of state regulations, shall be convicted of and punished for offering bribes.
Where a victim of extortion is pressured into giving money or other forms of property to a state functionary without gaining illicit benefits, his act shall not be regarded as bribery.
Article 390 Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Where the offender offers bribes to secure illicit benefits, if the circumstances are serious or heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
A briber who, before being prosecuted, voluntarily confesses his act of offering bribes, may be given a lighter or mitigated punishment. If the crime is relatively minor, or the briber plays a critical role in solving a major case, or the offender carries out a major meritorious performance, he may be given a mitigated punishment or be exempted from punishment.
Article 390a Whoever, for securing illicit benefits, offers bribes to any close relative of or any other person closely related to a state functionary, or offers bribes to a former state functionary who no longer holds the office or post, or any close relative of or any other person closely related to him, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, or heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years but not more than 10 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.
Article 391 Whoever, for securing illicit benefits, gives money or other forms of property to a state organ, a state-owned company, enterprise or public institution, or a people’s organization or, in economic activities, gives kickbacks or service charges under any name in violation of state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 392 Whoever acts as an intermediary in bribing a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.
Whoever, before being prosecuted, voluntarily confesses his act of being an intermediary may be given a mitigated punishment or be exempted from punishment.
Article 393 Where an entity for securing illicit benefits, offers bribes or, in violation of state regulations, gives kickbacks or service charges to a state functionary, if the circumstances are serious, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Whoever takes into his own possession the illegal gains derived from bribery shall be convicted and punished in accordance with the provisions in Articles 389 and 390 of this Law.
Article 394 A state functionary who accepts gifts in domestic public service activities or in activities with any foreign party, and fails to turn such gifts over to the state as is required by state regulations, if the amount involved is relatively large, shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law.
Article 395 Where a state functionary’s property or expenditure obviously exceeds his lawful income by a large amount, he may be ordered to explain the sources of his property, and if he cannot explain the sources, the part above his lawful income shall be regarded as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the amount involved is especially large, the offender shall be sentenced to fixed-term of imprisonment of not less than 5 years but not more than 10 years. The part of property above lawful income shall be confiscated.
A state functionary shall, in accordance with state regulations, report his bank savings overseas. Whoever has a relatively large amount of such savings and fails to make such a report shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody. If the circumstances are relatively minor, the person shall be subjected to sanctions at the discretion of his entity or the competent authority at a higher level.
Article 396 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization, in the name of the entity, divides up state-owned assets among employees of the entity in violation of state regulations, if the amount involved is relatively large, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine; or shall be sentenced to a fine only. If the amount involved is large, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Any judicial organ or administrative law enforcement organ that, in violation of state regulations, and in the name of the organ, divides up the fines collected or confiscated property, which should be turned over to the state, among employees of the organ, shall be punished in accordance with the provisions in the preceding paragraph.
Chapter Ⅸ Crimes of Dereliction of Duty
Article 397 A functionary of a state organ who abuses his office or neglects his duty, thereby causing heavy losses to public property or to the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
A functionary of a state organ who engages in malpractice for personal gains and commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 398 A functionary of a state organ who, in violation of the provisions of the Law on Guarding State Secrets, intentionally or negligently leaks state secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Any person other than a functionary of a state organ who commits a crime as prescribed in the preceding paragraph shall be punished as appropriate in accordance with the provisions in the preceding paragraph.
Article 399 A judicial officer who, bending the law for personal gains or twisting the law for a favor, subjects a person known to be innocent to prosecution, or intentionally shields a person known to be guilty from prosecution, or intentionally delivers a judgment or an order against the facts or the law in criminal proceedings, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years.
A judicial officer who intentionally delivers a judgment or an order against the facts or the law in civil or administrative proceedings, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
A judicial officer who, being seriously remiss in his duty or abusing his office in the execution of a judgment or ruling, fails to take preservation measures in litigation in accordance with the law, or fails to perform his legal duty of execution, or unlawfully takes preservation measures in litigation or compulsory enforcement measures, thereby causing heavy losses to the interests of a party or others, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely heavy losses are caused to the interests of a party or others, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
A judicial officer who accepts bribes and commits an act as prescribed in the preceding three paragraphs, which also constitutes a crime as prescribed in Article 385 of this Law, shall be convicted and punished in accordance with the provisions that specify a heavier punishment.
Article 399a Whoever, in performing his duty of arbitration in accordance with the law, intentionally makes a ruling against the facts or the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 400 A judicial officer who, without authorization, releases a criminal suspect, defendant or convict in custody, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years.
A judicial officer who, being seriously remiss in his duty, causes a criminal suspect, defendant or convict in custody to escape, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 401 A judicial officer who, by engaging in malpractices for personal gains, grants commutation, parole, or temporary serving of the sentence outside the prison to a criminal who fails to meet the requirements for these measures, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 402 An administrative officer of law enforcement who, by engaging in malpractices for personal gains, fails to refer a case that should be referred to the judicial organ for investigating the offenders’ criminal liability in accordance with the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 403 A functionary of a competent department of the state who, by engaging in malpractices for personal gains or abusing his office, approves an application for the incorporation or registration of a company or an application for the issuance or listing of shares or bonds, which fails to meet the corresponding conditions provided by law, thereby causing heavy losses to public property or the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Where a department at a higher level compels a registration office and its staff members to commit an act as prescribed in the preceding paragraph, the person in charge of the said department who is directly responsible shall be punished in accordance with the provisions in the preceding paragraph.
Article 404 A functionary of a tax organ who, by engaging in malpractices for personal gains, fails to collect or undercollects tax payable, thereby causing heavy revenue losses to the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 405 A functionary of a tax organ who, in violation of the provisions of the laws or administrative regulations, engages in malpractices for personal gains in selling invoices, offsetting taxes payable, or handling export tax refunds, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
A functionary of any other state organ who, in violation of state regulations, engages in malpractices for personal gains in providing the exports declaration forms, certificates for cancellation of foreign exchange after export, or any other certificates for an export tax refund, thereby causing heavy losses to the interests of the state, shall be punished in accordance with the provisions of the preceding paragraph.
Article 406 A functionary of a state organ who, in concluding or performing a contract, is defrauded due to serious remissness in his duty, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 407 A functionary of the competent forestry department who, in violation of the provisions of the Forestry Law, issues forest tree felling permits beyond the approved annual felling quota, or arbitrarily issues forest tree felling permits in violation of laws and regulations, if the circumstances are serious, thereby causing serious damage to the forest, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 408 A functionary of a state organ who, with the duty of supervision and administration of environmental protection, is seriously remiss in his duty, which results in a serious environmental pollution accident and causes heavy losses to public or private property or the serious consequence of personal injury or death, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 408a A functionary of a state organ who, with the duty of food and drug safety supervision and administration, abuses his office or neglects his duty under any of the following circumstances, if serious consequences are caused or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If especially serious consequences are caused or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years:
(1) concealing, or knowingly making a false report of a food safety accident or drug safety accident;
(2) failing to investigate and punish serious violations related to food or drug safety that have been discovered, as required in regulations;
(3) granting a license to an applicant whose application fails to meet the conditions in the process of examination, review and approval of drugs or special foods;
(4) failing to refer a case which should be referred to the judicial organ to be investigated for criminal liability; or
(5) any other act of abuse of the office or negligence of duty.
Whoever commits a crime as prescribed in the preceding paragraph for personal gains shall be given a heavier punishment.
Article 409 A functionary of the administrative department of health with the duty of prevention and treatment of infectious diseases who is seriously remiss in his duty and thereby causes the spread of an infectious disease or an epidemic, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 410 A functionary of a state organ who, engaging in malpractices for personal gains by abusing his office, acts in violation of the laws or regulations on land administration and approves the expropriation, requisition or occupation of land, or transfers the right to use the state-owned land at an unreasonably low price, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses are caused to the interests of the state or the collective entity concerned, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 411 A customs officer who engages in malpractices and connives at smuggling for personal gains, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 412 A functionary of a commodity inspection department of the state or a commodity inspection agency who, by engaging in malpractices for personal gains, falsifies inspection results, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
A functionary as mentioned in the preceding paragraph who, due to serious remissness in his duty, fails to inspect the commodities that are subject to inspection, delays the inspection or the issuance of inspection certificates, or issues erroneous certificates, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 413 An officer of an animal and plant quarantine agency who, by engaging in malpractices for personal gains, falsifies quarantine results, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
An officer as mentioned in the preceding paragraph who, due to serious remissness in his duty, fails to conduct quarantine inspection of the items that should have been inspected, delays the quarantine inspection or the issuance of inspection certificates, or issues erroneous certificates, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 414 A functionary of a state organ who, with the duty of investigating the crime of producing or selling fake or substandard commodities, engages in malpractices for personal gains and fails to perform the duty of investigation as required by the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 415 A functionary of a state organ who, in charge of the issuance of passports, visas, or other documents for exit or entry, knowingly grants a document for exit or entry to a person attempting to unlawfully cross the national boundary (frontier) or, a functionary of a border defense authority, a customs office, or any other state organ who knowingly allows a person unlawfully crossing the national boundary (frontier) to pass, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 416 A functionary of a state organ who, with the duty of rescuing women or children who are trafficked in or kidnapped, fails to take measures to rescue a victim at the request of the victim or a family member thereof, or upon receiving a report made by another person, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
A functionary of a state organ who, with the aforementioned rescue duty, obstructs the rescue effort by taking advantage of his office, shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.
Article 417 A functionary of a state organ who, with the duty of investigating and suppressing criminal activities, leaks information to or provides convenience for criminals and assists them in evading punishment shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 418 A functionary of a state organ who engages in malpractices for personal gains in recruiting civil servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 419 A functionary of a state organ who is seriously remiss in his duty and causes damage to or the loss of precious cultural relics, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Chapter X Crimes of Serviceperson’s Transgression of Duty
Article 420 A serviceperson acting in transgression of duty and thereby endangering the military interests of the state, which is criminally punishable in accordance with the law, commits the crime of serviceperson’s transgression of duty.
Article 421 A serviceperson who disobeys an order in wartime, thereby endangering a military operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 422 A serviceperson who intentionally conceals or makes a false report about a military situation, or refuses to convey a military order or conveys a false military order, thereby endangering a military operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 423 A serviceperson who, in fear of death, voluntarily lays down arms and surrenders to an enemy on the battleground shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
A serviceperson who, after surrendering to an enemy, works for the enemy, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 424 A serviceperson who deserts from the battlefield shall be sentenced to fixed-term imprisonment of not more than 3 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 425 Any commander or other serviceperson on duty who is absent without official leave or neglects his duty, and thereby causes serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever commits a crime as prescribed in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 426 A serviceperson who, by violence or threat, obstructs a commander or another serviceperson on duty in the performance of his duty, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever commits such a crime in wartime shall be given a heavier punishment.
Article 427 A serviceperson who abuses his office by instructing his subordinates to act in transgression of their duty, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
Article 428 A commander who disobeys an order, or flinches before a battle, or willfully fails to do his utmost in a military operation, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years. If heavy losses are caused to a battle or campaign or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 429 A commander on the battlefield who, knowing that a nearby friendly troop in a critical situation requests rescue, refuses to go to rescue when it is possible, thereby causing heavy losses to the nearby friendly troop, shall be sentenced to fixed-term imprisonment of not more than 5 years.
Article 430 A serviceperson who, when performing his duty at home, leaves his post without permission and escapes from the country as a defector, or defects as he performs public duties abroad, thereby endangering the military interests of the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
A serviceperson who defects by piloting an aircraft or a ship or with other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 431 A serviceperson who unlawfully obtains military secrets by stealing, spying on or illegally purchasing such secrets shall be sentenced to fixed-term imprisonment of not more than 5 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years.
A serviceperson who steals, spies on, purchases, or unlawfully provides military secrets for overseas institutions, organizations or individuals shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 432 A serviceperson who, in violation of the laws and regulations on the protection of state secrets, intentionally or negligently leaks military secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
Whoever commits a crime as prescribed in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 433 A serviceperson who spreads rumors to mislead others in wartime and damages the morale of the armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 434 A serviceperson who commits self-injury in wartime to evade military obligation shall be sentenced to fixed-term imprisonment of not more than 3 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 435 A serviceperson who deserts the military in violation of the laws and regulations on military service, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Whoever commits the crime prescribed in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 436 A serviceperson who acts in violation of the regulations on the use of weapons and equipment, if the circumstances are serious and an accident is caused which results in serious injury to or the death of another person or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 437 A serviceperson who, in violation of the regulations on the control of weapons and equipment, alters without authorization the allocated use of weapons and equipment, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 438 A serviceperson who steals or forcibly seizes weapons, equipment, or military supplies shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
A serviceperson who steals or forcibly seizes guns, ammunition or explosives shall be punished in accordance with the provisions in Article 127 of this Law.
Article 439 A serviceperson who, unlawfully, sells or otherwise transfers weapons or equipment of the military shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the offender, unlawfully, sells or otherwise transfers, weapons or equipment in a large quantity, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 440 A serviceperson who, disobeying an order, abandons weapons or equipment shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the offender abandons weapons or equipment of importance or in a large quantity, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 441 A serviceperson who loses weapons or equipment but fails to report it immediately, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 442 Where a military real estate is sold or otherwise transferred without authorization in violation of the relevant regulations, if the circumstances are serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 443 A serviceperson who abuses his office and maltreats his subordinates, if the circumstances are grave, thereby causing serious injury to a subordinate or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the death of a subordinate is caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 444 Where a wounded or sick serviceperson is deliberately abandoned on a battlefield, if the circumstances are grave, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years.
Article 445 A serviceperson who has the duty to save or treat servicepersons in wartime but refuses to save a critically wounded or sick serviceperson when it is possible shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If serious disability or death is caused to the wounded or sick serviceperson, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
Article 446 A serviceperson who cruelly injures innocent residents or plunders their property in an area of military operation in wartime shall be sentenced to fixed-term imprisonment of not more than 5 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 447 A serviceperson who sets free a prisoner of war without authorization shall be sentenced to fixed-term imprisonment of not more than 5 years. If the offender, without authorization, sets free an important prisoner of war or several prisoners of war, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 448 A serviceperson who maltreats a prisoner of war, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 3 years.
Article 449 In wartime, a convicted serviceperson sentenced to fixed-term imprisonment of not more than 3 years and granted probation on the ground that he poses no tangible danger is allowed to redeem himself by meritorious performance. If the serviceperson indeed performs such services, his original criminal punishment may be rescinded and he shall not be considered as having committed the crime.
Article 450 This Chapter applies to officers, non-ranking officers, and enlisted personnel in active service, and military cadets of the Chinese People’s Liberation Army; officers, non-ranking officers, and enlisted personnel in active service, and military cadets of the Chinese People’s Armed Police; as well as civilian staff, and the reservists and other persons who perform military tasks.
Article 451 “Wartime” as mentioned in this Chapter refers to the time after the state declares the state of war, after the military receive missions of military operations, or when an enemy launches a surprise attack.
The time when the military execute martial-law missions or cope with an emergency of violence shall be regarded as wartime.
Supplementary Provision
Article 452 This Law shall come into force on October 1, 1997.
Regulations, supplementary regulations and decisions formulated by the Standing Committee of the National People’s Congress in Annex I to this Law are either incorporated in this Law or no longer applicable, and are therefore repealed as of the date of promulgation of this Law.
Supplementary regulations and decisions formulated by the Standing Committee of the National People’s Congress in Annex II to this Law remain in place, in which provisions on administrative penalty and administrative measures shall continue to be effective; meanwhile, given that criminal liability provided in these supplementary regulations and decisions is covered by this Law, in this regard, relevant provisions of this Law shall prevail as of the date of promulgation of this Law.
Annex I
The following regulations, supplementary regulations and decisions formulated by the Standing Committee of the National People’s Congress are either incorporated in this Law or no longer applicable, and are therefore repealed as of the date of promulgation of this Law:
1. Interim Regulations of the People’s Republic of China on Punishment of Servicepersons Who Commit Crimes of Transgression of Their Duties
2. Decision on the Severe Punishment of Criminals Who Seriously Sabotage the Economy
3. Decision on the Severe Punishment of Criminals Who Seriously Endanger Public Security
4. Supplementary Regulations on the Punishment of Crimes of Smuggling
5. Supplementary Regulations on the Punishment of Crimes of Embezzlement and Bribery
6. Supplementary Regulations on the Punishment of Crimes of Divulging State Secrets
7. Supplementary Regulations on the Punishment of Crimes of Catching or Killing Precious and Endangered Species of Wildlife Under National Key Protection
8. Decision on the Punishment of Crimes of Desecrating the National Flag and the National Emblem of the People’s Republic of China
9. Supplementary Regulations on the Punishment of Crimes of Illegally Excavating Sites of Ancient Culture or Ancient Tombs
10. Decision on the Punishment of Criminals Engaged in Aircraft Hijacking
11. Supplementary Regulations on the Punishment of Crimes of Counterfeiting Registered Trademarks
12. Decision on Punishment of Crimes of Production and Sale of Fake or Substandard Commodities
13. Decision on the Punishment of Crimes of Infringement of Copyright
14. Decision on Punishment of Crimes Against the Company Law
15. Decision on the Handling of Criminals Undergoing Reform Through Labor and Persons Undergoing Rehabilitation Through Labor Who Escape or Commit New Crimes
Annex II
The following supplementary regulations and decisions formulated by the Standing Committee of the National People’s Congress remain in place, in which provisions on administrative penalty and administrative measures shall continue to be effective; meanwhile, given that criminal liability provided therein is covered by this Law, in this regard, this Law, as of the date of its promulgation, shall prevail over these regulations and decisions:
1. Decision on the Prohibition Against Narcotic Drugs
2. Decision on the Punishment of Criminals Who Smuggle, Produce, Sell or Disseminate Pornographic Articles
3. Decision on the Strict Prohibition Against Prostitution and Solicitation of Prostitution
4. Decision on the Severe Punishment of Criminals Who Abduct, Traffic in or Kidnap Women or Children
5. Supplementary Regulations on the Punishment of Crimes of Tax Evasion and Refusal to Pay Tax
6. Supplementary Regulations on the Severe Punishment of Crimes of Organizing or Transporting Other Person(s) to Illegally Cross the National Border (Frontier)
7. Decision on Punishment of Crimes of Disrupting Financial Order
8. Decision on the Punishment of Crimes of Making Out False Special Invoices for Value-added Tax, or Forging or Illegally Selling Such Invoices
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